Law of South Korea - Misplaced Pages

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The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea.

History

The South Korean legal system effectively dates from the introduction of the original Constitution of the Republic of Korea and the organization of South Korea as an independant state. During the existance of the Republic of Korea, the Constitution has been revised or rewritten several times, the most recent of which was in 1987 at the beginning of the Sixth Republic.

The Court Organization Act, which was passed into law on September 26, 1949, officially created a three-tiered, independant judicial system in the Republic of Korea.

The revised Constitution of 1987 guaranteed that judges would not be removed from office for any reason other than impeachment, criminal acts, or incapacity. Additionally, the 1987 Constitution officially codified judicial independance in Article 103, which states that, "Judges rule independently according to their conscience and in conformity with the Constitution and the law."

In addition to the new guarantees of judicial independance, the 1987 rewrite of the Constitution established the Constitutional Court, marking the first time that South Korea had an active body for constitutional review.

Judicial System

The judicial system of South Korea is comprised of the Supreme Court of South Korea, the Constitutional Court of South Korea, six High Courts, 13 District Courts, and several courts of specialized jurisdiction, such as the Family Court and Administrative Court. In addition, branches of District Courts may be established, as well as Municipal Courts. South Korean courts are organized and empowered in chapters V and VI of the Constitution of the Republic of Korea.

There is no system of juries in the judicial system of South Korea, and all questions of law and fact are decided by judges.

Municipal Courts

The Municipal Courts only exercise original jurisdiction over minor cases, such as small claims cases where the amount in controversy does not exceed 20 million won or misdemeanor trials in which the maximum possible sentence is 30 days in jail or a fine not exceeding 200,000 won. There are currently 103 municipal courts in South Korea.

District Courts

The 13 District Courts have original jurisdiction over most civil and criminal cases. Additionally, the District Court appellate panel may exercise appellate jurisdiction over cases in which a single District Court or Branch Court judge has rendered the decision. In most cases, a single judge hears the case and renders a verdict, although in particularly important or serious cases, a trial panel of three judges may hear the case and render a decision. An appellate panel is also composed of three District Court judges.

Branch Courts

Branch Courts are organized under and considered a part of the District Courts. The Branch Courts function much as the District Courts do, but lack any appellate function. There are currently 40 Branch Courts in South Korea.

High Courts

The six High Courts have appellate jurisdiction over cases decided by a trial panel of three judges in a District Court or Family Court, decisions of the Administrative Court, and civil cases heard before the District Court in which one judge decided and where the amount in controversy exceeds 50,000 won. Appeals to the High Court are heard by a panel of three High Court judges. High Courts are located in Seoul, Busan, Daegu, Daejon, and Gwangju. Additionally, a special panel of the Gwangju High Court has been established in the Jeju District Court.

Judges

Judges in South Korea are nominated for their position by the Chief Justice of the Republic of Korea and subsequently confirmed by the Supreme Court Justices Council (a council composed of the Justices of the Supreme Court). Judges serve terms of 10 years, and may be re-appointed to their positions. The Constitution states that judges may not be removed from their offices except through impeachment, conviction of a crime and sentencing to imprisonment, or should they be unable to discharge their duties due to serious mental or physical impairment.

The nomination process and terms of service above do not apply to Justices of the Supreme Court or to Justices of the Constitutional court, each of which has its own nomination process and term of service. See Supreme Court of South Korea and Constitutional Court of South Korea for the regulations for each.

Civil Rights

Citizens of the Republic of Korea are guaranteed several rights by Chapter II of the Constitution. These rights include (but are not limited to):

freedom of speech, religion, assembly, and the press;
the rights to vote, hold public office, and petition the government;
protections against double jeopardy, involuntary labor, ex post facto laws, and warrantless searches of residences;

and

the rights of education, work, marriage, and health

In addition to the rights granted in this section of the Constitution, two duties are imposed upon citizens of the Republic of Korea: the duty to pay taxes and the duty to enter into military service. In addition, Article 37(2) provides that the "freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order, or for public welfare."

One limitation placed on civil rights in South Korea is the National Security Act, which limits 'anti-government activities.' In particular, the National Security Act criminalizes ativities such as promoting anti-govenment ideologies (especially communism) or joining anti-government organizations.

International Laws and Treaties

Treaties ratified by the Republic of Korea have the same effect as domestic law, as stated in Article 6 of the Constitution. The Constitution gives the power to make treaties to the President, while the National Assembly has the right to consent to treaties made by the President. South Korea is currently party to several international agreements and organizations.

References

Category:

South Korean law